Oklahoma Sale of a Controlled Substance Laws

Learn about the penalties for selling drugs in Oklahoma.

All states regulate and control the sale of controlled dangerous
substances (CDS), though each differs in its exact definition of CDS and
the penalties for sale. Oklahoma classifies not only well-known drugs
like marijuana, heroin, and cocaine as CDS, but also the compounds used
to manufacture them.

This article discusses the illegal manufacture and sale of CDS only.
Illegally possessing CDS for personal use carries different penalties.
For more information on possession of CDS for personal use, see Possession of Controlled Substances in Oklahoma.

Also, while marijuana is considered a CDS, this article does not
cover Oklahoma’s marijuana possession and sale laws. To learn more about
that topic, see Oklahoma Marijuana Laws.

How Oklahoma Classifies CDS

Oklahoma divides CDS into five “Schedules.” Schedule I lists the most
dangerous drugs, which have a high probability of abuse and addiction,
and no recognized medical value. Schedules II, III, IV, and V decrease
in dangerousness and probability of abuse, and increase in recognized
medical uses.

If you’ve been arrested for illegal CDS production or sales, you’ll
need to consult the Oklahoma Code that lists precisely which drugs fit
into each group. Go to the statute (63 Okl. Stat. Ann. § 2-201-212) and find the substance you're charged with selling -- it will be listed under one of the five classes.

Penalties for Selling CDS

It is illegal in Oklahoma to sell CDS (or possess CDS with the intent
to sell it). Penalties vary according to the type of CDS involved in
the violation. (63 Okl. Stat. Ann. § 2-401(A)(1).)

Schedule I and II narcotic and other CDS

Selling a Schedule I or II narcotic drug, lysergic acid diethylamide
(LSD), gamma butyrolactone, gamma hydroxyyalerate, gamma valerolactone,
1, 4 butanediol, or gamma hydroxybutyric acid (GHB), is a felony in
Oklahoma. Penalties include a fine of up to $100,000, at least five
years (and up to life) in prison, or both. (63 Okl. Stat. Ann. §
2-401(B)(1).)

Other Schedule I, II, III, and IVCDS

Selling any other Schedule I, II, III, or IV CDS not listed above is a
felony. Penalties include a fine of up to $20,000, at least two (and up
to life) in prison, or both. (63 Okl. Stat. Ann. § 2-401(B)(2).)

Schedule V CDS

It is a felony to sell Schedule V CDS in Oklahoma. Penalties include a
fine of up to $1,000, up to five years in prison, or both. (Ok. Stat.
Ann. § 2-401(B)(3).)

Penalties for Making CDS

It is a felony to illegally manufacture CDS in Oklahoma. Penalties
vary according to the amount and type of CDS. (63 Okl. Stat. Ann. §
2-401(G)(1).)

Specified CDS

Making specified amounts of the following CDS incurs a fine of at
least $50,000, at least 20 years (and up to life) in prison, or both.
(63 Okl. Stat. Ann. § 2-401(G)(3).)

Heroin

Cocaine

Phencyclidine (PCP)

Lysergic acid diethylamide (LSD)

N-phenyl-N-1-(2-pheylethy)-4-piperindinyl propanamide

Methamphetamine

All other CDS

Making all other CDS (or amounts less than those specified for the
CDS listed above) incurs a fine of at least $50,000, at least seven (and
up to life) in prison, or both. (63 Okl. Stat. Ann. § 2-401(G)(2).)

Employing a Minor

A defendant who employed a minor (someone younger than 18 years old)
to make or sell CDS will face twice the fine and prison time that would
otherwise apply to the underlying crime. (63 Okl. Stat. Ann. §
2-401(E).)

Habitual Offenders

Defendants convicted of a second or subsequent offense are considered
“habitual offenders”, and face twice the fine that would otherwise
apply to the underlying crime. (63 Okl. Stat. Ann. §
2-401(D)(1)&(2).)

Talk to an Attorney

CDS manufacture or sale convictions can incur harsh fines and long
periods of incarceration. A local lawyer who practices CDS defense will
review the facts of your case, explain your options, and advise you of
the possible consequences.